Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 246

(1) This section applies if a low-paid authorisation is in operation in
relation to a proposed multi-enterprise agreement.

FWC's assistance

(2) The FWC may, on its own initiative, provide to the bargaining
representatives for the agreement such assistance:

(a) that the FWC considers appropriate to facilitate bargaining for the
agreement; and

(b) that the FWC could provide if it were dealing with a dispute.

Note: This section does
not empower the FWC to arbitrate, because subsection 595(3) provides that
the FWC may arbitrate only if expressly authorised to do so.

FWC may direct a person to attend a conference

(3) Without limiting subsection (2), the FWC may provide assistance
by directing a person who is not an employer specified in the authorisation to
attend a conference at a specified time and place if the FWC is satisfied that
the person exercises such a degree of control over the terms and conditions of
the employees who will be covered by the agreement that the participation of
the person in bargaining is necessary for the agreement to be made.

(4) Subsection (3) does not limit the FWC's powers under
Subdivision B of Division 3 of Part 5-1.